AREA 7. Section 58-15-9 NMSA 1978 (being Laws 1955, Chapter 128, Section 9, as amended) is amended to read through:
“58-15-9. STUDY OF LICENSEE’S BOOKS AND RECORDS–WITNESSES.–
A. One or more times every year, the manager or even the director’s authorized representative shall make a study of the spot of company of each and every licensee as well as the loans, deals, publications, papers and documents associated with the licensee insofar while they relate to your company certified beneath the brand new Mexico Small Loan Act of 1955 given that manager may deem necessary. The licensee shall spend to your manager for such yearly assessment a charge of 200 dollars ($200).
B. Within a fair time following the conclusion of a study of a licensed workplace, the manager shall mail into the licensee a duplicate associated with report for the assessment, along with any remarks, exceptions, objections or criticisms associated with the manager in regards to the conduct of this licensee in addition to procedure regarding the licensed workplace.
C payday loans in Massachusetts. The director or the director’s authorized representative may at any time investigate the business and examine the books, accounts, papers and records used therein, including income tax returns or other reports filed in the office of the director of the revenue processing division of the taxation and revenue department of for the purpose of discovering violations of the New Mexico Small Loan Act of 1955 or of securing information lawfully required under that act
(2) virtually any individual involved with the company described in Subsection A of area 58-15-3 NMSA 1978 or taking part in such company as major, agent, broker or perhaps; and
(3) anybody who the manager has cause that is reasonable think is breaking any supply associated with brand brand New Mexico Small Loan Act of 1955, if the person claims become inside the authority or beyond the range of this work.
D. When it comes to purposes for this area, an individual who advertises, solicits or makes any representation to be happy to make loan deals in every quantity, except people, banking institutions or financing agencies running under charters or licenses released by a situation or federal agency or under any unique statute, will be at the mercy of research underneath the brand new Mexico Small Loan Act of 1955 and will probably be assumed become involved with the company described in Subsection A of area 58-15-3 NMSA 1978 as to any loans of two thousand five hundred bucks ($2,500) or less .
E. To facilitate the exams and investigations because of the manager and fully disclose the operations and ways of procedure of every licensed office, the licensee shall, in each licensed workplace, carry on file as an element of the documents associated with the workplace all workplace manuals, communications or directives containing statements of loan policy to workplace supervisors and workers. In the event that licensee is a person, company, trust or relationship, the licensee shall retain in one or more workplace for information associated with manager an archive of this a few people, companies, beneficiaries of every trust and corporations deriving or getting any the main benefits, net gain or earnings through the procedure for the licensee within brand new Mexico.
F. When it comes to purposes of the part, the manager or perhaps the manager’s authorized representative shall have and get provided free use of the workplaces and places of company, files, safes and vaults of all of the licensees and shall have authority to need the attendance of any individual and also to examine the individual under oath in accordance with such loans or company or even the topic matter of any assessment, research or hearing as supplied within the brand new Mexico Small Loan Act of 1955. Notices appearing prior to the manager for assessment under oath may be offered by subscribed mail. Any person named on the face of the license being investigated or any agent, employee or manager participating in the licensee’s business and the party fails to appear for examination or refuses to answer questions submitted, the director may, forthwith and without further notice to the licensee, suspend the license involved pending compliance with the notice if the party notified to appear is the licensee. Upon failure of every other individual to seem or even to respond to questions, the manager may connect with and invoke aid from any region court of the latest Mexico in compelling the attendance and testimony of every such individual and also the manufacturing of publications, documents, written instruments and papers regarding the business associated with licensee. The region court whoever help is really invoked because of the manager may, in the event of contumacy or refusal to obey any purchase for the region court issued to compel the attendance of the individual or the creation of publications, documents, written instruments and documents, punish the individual in terms of contempt of court.